When a company or an individual is unable to repay a loan, the individual or the company is considered to be bankrupt.
Sometimes companies incur heavy financial losses. For example, a printing firm gets 80 percent of its total income from a single publisher. If the publisher diverts its order to a different company, the printer loses a large portion of its total income. The printing firm becomes bankrupt.
Bankruptcy involves two parties: the debtor and the creditor. The debtor is the party in debt, who owes money to the creditor. A debtor can be a company or an individual. The creditor is an organization or individual to whom the debtor owes money. Most bankruptcy cases involve several creditors. There are basically three types of bankruptcy.
When a company is bankrupt, the trustee, a person appointed by the court, sells all of debtor’s non-exempt assets so that the debts can be repaid. This type of bankruptcy is known as liquidating bankruptcy, or Chapter 7 Bankruptcy. Individuals, corporations and partnerships file this bankruptcy.
Suppose a business or an individual is bankrupt, but continues to function, maintains ownership of all assets, and tries to work out a reorganization plan to pay off creditors. This is known as Chapter 11 bankruptcy. Usually, businesses and individuals who have unbearable debt file this bankruptcy.
An individual owns and controls his assets and works out a repayment plan with his creditors. This is known as Chapter 13 bankruptcy. Though it is like Chapter 11, this bankruptcy involves only individuals. The debtor retains control and ownership of the assets.By: Peter Emerson
Whether it is a company, business or an individual, once bankrupt, the best person to turn to for advice and help would be a bankruptcy lawyer. The bankruptcy lawyer offers help to the client, who may be an individual, company or business, as described below.
He collects and files all the bankruptcy documents with the bankruptcy court. After this, the creditors are informed by the court clerk that a petition has been filed. Thereafter, a meeting of creditors is held at the court, with the trustee acting as President. It is mandatory for the debtor to attend this meeting.
After this, on the direction of the court, the trustee sells all of debtor’s non-exempt assets for the benefit of the creditors. Finally, the debtor is discharged and all debts, with some exceptions, are written off. www.floridabar.org, the official web site of the Florida Bar Association (the regulatory body of all practicing lawyers in the state), publishes several pamphlets, including one entitled `Bankruptcy,’ for the general public. The website also has a lawyer referral service to locate Bar-Certified bankruptcy lawyers in Florida.